History of California, Volume I, Part 46

Author: Bancroft, Hubert Howe
Publication date: 1885
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 852

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USA > California > History of California, Volume I > Part 46

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392

RULE OF FAGES-GENERAL RECORD.

repeat her charges throughout the capital. Things remained in this state for a week, when the governor, obliged to go south on business and unwilling to leave his wife alone in the casas reales, wrote to Father Noriega, who had acted as ecclesiastical judge in the past investigations, asking him to remove the lady to the mission where she might be kept in the seclusion customary in such cases. Noriega sent an alférez on the 12th of February with the proper documents to effect the removal; but this caused a new outbreak, for Doña Eulalia not only refused to go, but shut herself up with Pedrito in her private apartments. The door was forced open by the husband, who after threats to have the lady tied, carried her to San Carlos. At the end of the month he set out for the south taking his son with him to be left at San Antonio.9

During the governor's absence Captain Soler was applied to by both parties, by the wife to defend her honor and innocence from outrage; by the husband to effect a reconciliation. Soler's letters are not alto- gether intelligible, but they show that the priests had found the lady by no means an easy subject to man- age. There had been new outbursts of fury and food for scandal, occurring apparently in church, and the prisoner was threatened with flogging and chains. He warns Doña Eulalia that she must moderate her actions and restrain her wrath; while he urges Don Pedro to return as soon as possible, and claims that the lady whether guilty or not should not, in consid- eration of her position and breeding, be subjected to such indignities. Fages writes from San Gabriel in May that, while he admits the superior station and birth of his wife, he cannot forget the outrage and contumely she has publicly heaped upon him. Sub- sequent links in this chain of family discord are miss-

9 Fages to Rosa Callis, Feb. 8, 1785; to Gov. Corbalan of Sonora, same date; to P. Noriega, Feb. 11th; to P. Palou, Feb. 21st, in Prov. Rec., MS., ii. 105-6.

393

GOVERNOR AND INSPECTOR.

ing; but on September 1st Fages writes to Bishop Reyes that his wife has returned to him, satisfied that the charges against him were unfounded. It must not be supposed, however, that Doña Eulalia gave up her original scheme of quitting California and taking the governor with her, for in October he writes that she has sent to the audiencia a petition asking his removal on the plea that the climate was injurious to his health. He begs a friend to interfere and pre- vent the document from being forwarded to Spain.10 We know nothing further of Don Pedro's domestic affairs; let us hope that all quarrels ended with the year 1785.

There were, however, other difficulties in the ruler's path, though none of them assumed serious propor- tions. Among these minor troubles were the actions of Soler, the inspector of presidios. When Neve de- parted from San Gabriel for the Colorado he left Soler as temporary governor and inspector, and a little later, on Fages taking the governorship, Neve wrote to Soler that he was still to retain the military command. Why it was that Fages, especially when his appointment had received the royal confirmation, did not become, as pre- scribed by the regulation, commandant inspector, I am unable to explain; yet he frequently admits that he has nothing to do with the military command,11 only claiming a kind of civil jurisdiction over Soler as a citizen of the province which he ruled. The two were personal friends and compadres; and, so long as their jurisdictions were separate, seem to have made an earnest effort to avoid an open quarrel; yet all the

10 Soler to Fages April 14, 1785; to Sra. Fages April 9th, in Prov. St. Pap., MS., v. 234-5; Fages to Garrido, May 2d; to Sra. Fages May 3d, in Prov. Rec., ii. 107-8; Fages to bishop, Id., iii. 144; to Garrido, Oct. 25th; Id., ii. 111.

11 In a communication to Romeu dated Dec. 21, 1782, Fages says 'the reglamento keeps me in a chaos of confusion since it supposes the government and inspection united, and as the latter has been separated I find myself very much embarrassed in my projects and measures, in order not to make them impertinent and cause discord with the ayudante.' Then he goes on to ask some information about the respective duties of the two offices. Prov. Rec., MS., iii. 72-3. Additional correspondence on this subject in Prov. Rec., MS., i. 170; ii. 99, 106, 112-15, 131; Prov. St. Pap., MS., v. 45, 186, 251, 253.

394

RULE OF FAGES-GENERAL RECORD.

same neither was ever entirely satisfied that the other was not encroaching on his prerogatives. No one of the petty disagreements is of sufficient importance to be noticed here.

At last the respective powers of the two dignita- ries were fixed by an order of the commandant gen- eral, dated February 12, 1786, which arrived August 8th, making Fages commandant inspector as pre- scribed by the reglamento. Late in the year Soler accordingly turned over the office to his chief and re- sumed his old position as ayudante inspector, in which subordinate capacity he still ventured to disagree with his compadre to such an extent that on one oc- casion he was put under arrest at Monterey with orders to go on with his duties, but to enter the presidio always by the little door, and to pass back of the church to his office !12

In November 1787 Soler made a long report to the general in reply to a request of that officer for his views on needed reformns in the administration of Cali- fornian affairs.13 The author was not a man overbur- dened with ideas, and such as he had were pretty effectually suffocated in a mass of unintelligible verbi- age, but the leading points in his proposed reform were as follows: The presidio of San Francisco should be abandoned and its company transferred to Santa Bárbara, which, as well as San Diego, should be under a captain instead of a lieutenant. The missions should furnish supplies to the presidios at fixed prices, and thus the expense of the San Blas transports be avoided, since articles necessarily imported could be furnished at prices to include freight, the missions and presidios being equally benefited by the change. Garrison soldiers should be relieved of the care of live-stock,

12 Prov. St. Pap., MS., vi. 21-2, 136, 138, 154, 189-93; xxii. 31; Prov. Rec., MS., i. 30-1, 200-2, ii. 137.

13 Soler, Informe al Comandante General sobre Policía y Gobierno, 3 de Nov. 1787, MS. At the beginning the author says, 'I confess, Señor, that I have had no head to present any project or circumstantial plan,' which may be taken as a résumé of the whole document with its 35 articles.

395

CAPTAIN SOLER'S PLAN.

and thus be left free to master the duties of their proper service; and to this end the presidio stock should be greatly reduced in numbers, and the practice of supplying cattle to the southern frontier should be stopped. Some adequate provision must be made for the descendants of the present population. The gov- ernment can furnish no increase of military force, and it is useless to found new missions which cannot be protected. The prohibition of killing cattle by private individuals, established by church influence in the interest of the tithe revenue, ought not to be enforced. It would also be better to grant grazing-lands, requir- ing the grantee, if necessary, to pay the natives for damage to their food supply; since under the present system soldiers who have served out their term leave the country for want of facilities to establish them- selves in California. The natives have been neophytes long enough; they are fitted for civilized life, and the government has spent all the money on them that can be afforded. The pobladores have more land than they can cultivate; the pueblo realengas should be ganted to native families; Spaniards should be granted lands at the missions, and the military escorts should be withdrawn from both missions and pueblos. Then the gentiles will be attracted by the good fortune of the old converts to follow their example, the work of the priests being thus simplified and promoted.

To Soler therefore must be accorded the authorship of the first direct proposition to secularize the Cali- fornia missions, although some of Neve's propositions had tended more or less in the same direction. Soler's plan involved a complete overthrow of the old mission system, putting Spaniards and natives on the same footing as citizens, dependence on persuasion and good example for future conversions, dependence for sup- plies on home products, and restriction of the soldiers to garrison duty proper and the keeping in check such gentiles as might fail to appreciate the advantages of civilized life. Whether under his plan the new con-

896

RULE OF FAGES-GENERAL RECORD.

verts were to undergo a preliminary training as neo- phytes under the friars' care, or were to pass directly to the state of citizens and land-owners, does not clearly appear.

This series of recommendations was sent to the general through the governor, who with them for- warded also his own comments. I have no need to say that Fages opposed any plan suggested by his compadre.14 There is no record respecting the fate of the propositions as annotated after they left Cali- fornia; but they at any rate were not adopted as the law of the province.

Soler had other troubles besides those with the governor, especially with the habilitados, few of whom escaped his criticism and few deserved to escape it. It was very hard to find officers with sufficient quali- fications for keeping the not very complicated presidial accounts, and it took time and patience to distribute the abler ones, Zúñiga, Sal, Goycoechea, and Argüello in the four presidios, especially as Argüello was the only one in whose ability Soler had confidence, and as it was well nigh impossible for him and Fages to agree respecting the merits of any one. Though by the regulation the soldiers had a vote in choosing the habilitado, for whose deficits they were responsible, yet practically the governor and inspector gave the

1ª Fages, Comentarios sobre Informe del Capitan Soler, 8 de Nov. 1787, MS. While approving Soler's views respecting the existence of certain minor evils in the present system, and claiming to have already suggested measures for the removal of those evils-for instance, annual slaughters and exportation of meats to San Blas to reduce the excessive number of presidio cattle-he de- clares that it would be folly to abandon San Francisco and leave the northern missions unprotected; that there is no reason for transferring the Loreto cap- tain to San Diego in order to get rid of Zúñiga, who cannot be spared; that the soldiers' work in caring for cattle, though considerable, is exaggerated by the adjutant, and the existence of wild cattle would be a great evil to the country; that the cattle of settlers as yet do no harm to the natives; that inducements to remain in the country are good, and more discharged soldiers remain than go away; that the natives are kept in order as neophytes only by the unremitting efforts of the friars, and are as yet wholly unfit to become citizens; that the pobladores can and do cultivate all the lands given them and often more; and finally that the introduction of Spanish settlers into the missions would interfere with the laws of the Indies providing that the mis- sion lands are to belong to the natives eventually when they shall be fitted to profit by their possession.

397

FINANCIAL TROUBLES.

appointment to either the lieutenant or alférez of the company according to the relative fitness of those officers. They divided all the officers into two classes, the intelligent and stupid, according to ability as accountants, for as a rule there was no question of in- tegrity, and were careful not to assign to any presidio two from the same class. With all possible precau- tions deficits occurred frequently, as we shall see in local annals, and Soler was always ready to suspect and charge irregularities, sometimes where none existed. At last the inspector and his aid could no longer get along together; Fages asked for Soler's removal, and Soler demanded a court-martial and a full investiga- tion, being unable to discharge properly his duties under the governor's orders. The result was that the office was abolished, Soler was summoned to Arizpe in 1788, and was made commandant of Tucson, dying about 1790. Strangely enough after all his fault- finding and his constant search for defalcations on the part of others, he left California with a deficit of about $7,000 in his own accounts; that is, he owed that amount15 to the presidios, and it is difficult to

15 On troubles with habilitados' accounts see chapter xxi. of this volume ; also Prov. St. Pup., MS., vii. 114-16. Fages writes to Soler that he wants no discussion to embitter friendly intercourse, but prefers to leave all ques- tions to superior authorities. Id., vii. 143-5. July 14, 1787, Soler, who has been accused by Fages of carelessness, defends himself with unintelligible verbiage made worse by Latin. Id., vii. 121. Before coming to California Soler had served as lieutenant-governor at El Paso, Chihuahua. Prov. Rec., MS., ii. 73. He was only brevet captain, for the general recommends June 24, 1787, that he take command of a presidio in case of a vacancy if he ranks the other lieutenants. Prov. St. Pap., MS., vii. 56. Being sick in 1786 he induced the captain of the Princesa to leave his surgeon, Carbajal, for his convenience, at which the Mexican authorities find fault and order the surgeon back to San Blas. Id., vii. 2, 108. His private troubles with Sal arose from the jealousy of the latter who suspected him of an intrigue with his wife, and threatened to kill him. Soler was arrested by Fages to protect him from Sal's wrath. Id., vii. 124-5. About his relations with the padres we have only his own remark, 'suelen (los padres) criar muy mal humor y mi naturaleza es muy propensa al contagio.' Id., vii. 135. April 17, 1788, he writes to the general demanding a court-martial. May 20th he acknowledges receipt of order to proceed to Arizpe. August 30th he writes to Fages announcing lis departure and the end of the inspectorship, and referring to slurs cast upon his character. Id., viii. 50, 56-6Î. June 18, 1790, Gen. Ugarte writes to Fages that the king has approved the suspension of the inspectorship; that Soler is to be captain of Tucson; and that the governor is hereafter to inspect the troops, going down to Loreto once in two years for that purpose. Id., ix.

398

RULE OF FAGES-GENERAL RECORD.

account for such a debt except on the theory that he took improper advantage of his official position. The debt had to be paid out of his half-pay after his death.

The controversies between church and state were never ending, and though not particularly bitter dur- ing this period, ever require attention as a leading feature in early Californian history. The regulation of 1781, it will be remembered, provided for founding the Channel missions on a new basis very unfavorable to the friars' plans; but by refusing to serve in Cali- fornia the Franciscans carried their point and the new missions were put on the same footing as the others. The number of priests was to be gradually reduced to one for each mission with certain exceptions; but after several emphatic protests this regulation was also rendered of no effect.16

Thus the features most objectionable to the priests were eliminated practically from the law, but there

351-3. Fages alludes to Soler's death in letter of Feb. 26, and Gen. Nava on June 25th. Id., x. 115, 164-5. His debt caused some trouble before he left California, and the matter was not settled until long after his death. Three thousand five hundred dollars of his pay was by order of the viceroy on June 8, 1787, secured for the benefit of his wife Doña Josefa Rodriguez de Vargas. Id., vii. 9, 10. A large part of his debt was owing to the presidios and mis- sions. Prov. St. Pap., Presidios, MS., ii. 51-3. March 4, 1797, the governor received $3,000 on the debt. Prov. Rec., MS., iv. 209. Nov. 7, 1797, the habilitado general pronounces the decision in favor of Soler's widow unjust, but says an appeal to the king would be very costly. Id., iv. 163. Finally in 1806 Capt. Zúñiga of Tucson is ordered to pay $1,062 of Soler's debt to the San Diego company. Prov. St. Pap., MS., xix. 150, 153.

16 Jan. 8, 1783, the guardian writes to Serra complaining that the govern- ment in the new reglamento seems to aim at the destruction rather than sup- port of the missions. No more missions will be founded till the regulation is modified. It is better to abandon a mission than leave it in charge of one priest, and any priest left alone may refuse to serve without fear of conse- quences. Arch. Santa Bárbara, MS., xii. 155-8. I have an original letter of Lasuen to the guardian, apparently written in 1784, in which he protests most earnestly against the reduction, explaining the difficulties involved, and declaring his intention to resign his position, quit California, and if necessary sever his connection with the college rather than serve alone; for nothing save the commission of sin could be so terrible. The author of the project must have misunderstood the king's intentions. Lasuen, Carta de 1784, MS. In his report of Oct. 1787 he says 'no one can convince me that I am bound to remain solitary in the ministry.' Arch. Santa Barbara, MS. viii. 61. Aug. 16, 1786, the guardian writes to the president that he has reliable information that the objectionable clause in the reglamento is abolished. Id., xii. 37-40. Palon, in Id., viii. 40, says the clause was annulled by the king's order of May 20, 1782, providing that each mission must have two priests.

399

CHURCH VERSUS STATE.

were left still some grounds on which to base a quar- rel. Fages on assuming command and during his whole term of office seems to have made an earnest effort to conciliate the priests and prevent a reopening of the old troubles. Considering his rather irritable nature and the bitterness of the old feud with Serra, he was not altogether unsuccessful; still he was the successor of the hated Neve, the originator of the reglamento, largely committed to Neve's policy, and responsible to the king for the execution of the laws. Perfect accord was impossible, and causes of complaint on one side or the other were not infrequent.17

Postal charges and especially the franking privilege of the friars furnished occasional matter for dispute.

17 'Es ya declarada la oposicion del P. Serra á toda providencia guberna- tiva, significáda no solo en palabras sino con obras y por escrito,' says Fages to the inspector general on March 1, 1783. He charges the president with too great severity not only toward Indians but the padres. Prov. Rec., MS., iii., 87. On Sept. 15, Id. 124-5, he says that Serra 'tramples upon the measures of the government and bears himself with much despotiquez and total indif- ference.' Thic padres commit many abuses in opposition to the government. Id., ii. 128. Sept. 26, 1785, Fages writes to the bishop on the padres' neglect of chaplain service, and avers that they cannot be spoken to on the most trivial matters without showing disdain. Id., ii. 109. On the same day to the viceroy he protests against the fatal consequences of the missionary policy, which is diametrically opposed to the reglamento. Id., ii. 95. Dec. 7, 1785, Fages complains to Cambon of Palou's sullen and cold behavior, and of the padres at San Carlos who have twice received him (the governor) with dis- respectful cries and stamping of feet. Yet he has been so devoted to the padres as to have drawn upon himself the name of frailcro. Several friars have told him to his face that they doubted his word, forgetting the respect due him as governor. Letters are written him without proper politeness. He will no longer endure this, even if he be termed a persecutor of friars; yet he will never cease to venerate them. Id., iii. 60-3. July 9th and 10th, Fages gives orders forbidding public murmurs against the padres and orders the ar- rest of soldiers who make public comments on their conduct. Prov. St. Pap., MS., vi. 160; xxii. 24. Aug. 16, 1786, the guardian informs the president that projects for the weal of California have been presented to the viceroy, and the opinion of the fiscal and his agent is that the proposals should be carried out and the governor restrained. Fages is warned that he must have a care and that on the least complaint of the padres he will lose his position and honors. Arch. Santa Bárbara, MS., xii. 37-40, Aug. 23, 1787. Fages to Lasuen, regrets that he can make no provision without being suspected, 'que no se haga misteriosa.' Prov. Rec., MS., iii. 64-5. Nov. 19, 1790, Lasuen to the padres, a secret letter referring vaguely to a bando which the padres must obey because they can't help themselves, though he has representado on the subject. Arch. Arzobispado, MS., i. 15, 16. May 28, 1791, Fages recounts the troubles to his successor. He says quarrels with the Fernandinos havs been frequent, since they are very much opposed-opuestísimos-to the max- ims of the reglamento, wishing to be wholly independent. At San Buena- ventura it even came to blows with Padre Santa Maria. Prov. St. Pap., MS., x. 149-50.

400

RULE OF FAGES-GENERAL RECORD.

One of the privileges obtained by Serra for the mis- sionaries in 1773 was that of sending letters to the college free of cost, and certain other letters to and from the president were also exempt from postage as official communications. The friars were inclined to include much private correspondence in the privileged mail matter, and not much attention was given to the subject ordinarily. In these later years, however, officials by the governor's orders became more strict, imposing on the missionaries what was deemed by them a heavy and unjust burden. Hence much dis- cussion without practical result, since the law was clear enough, and was not changed, the strictness of its enforcement depending on the disposition of the local officials. As a rule the friars gained nothing by agitating the subject, though in some instances they obtained a decision in their favor from Mexico or Arizpe.18 In real or affected pity for the natives, the governor complained of excessive severity on the part of the missionaries toward their neophytes. Doubt- less there were instances of cruelty, but not many could be cited in these early years. 19

18 January 12, 1783, Fages writes to Sal that Serra's claim for free sending of his letters to college and to the padres cannot be granted, referring to royal cédula of October 25, 1777, and viceroy's instructions of April 26, 1780. Serra pleaded poverty and told Sal to keep his letters if he would not forward them free. Subsequently, however, Fages consented to have the letters for- warded, and an account kept of them until superior instructions could be received. The expense seems to have been finally charged to the government. Prov. Rec., MS., iii. 80-1, 88, 163; St. Pap. Sac., MS., i. 128-9, 134; Prov. St. Pap., MS., iv. 32, 122-3. August 16, 1786, the guardian says the junta real has allowed letters between padres and the college to pass free. They must be in a separate package and directed 'Contador General de Correos. Arch. Santa Bárbara, MS., xii. 37. July 22, 1791, President Lasuen issues a circular stating that last year the formalities were not observed, and the result was a cost of $18 for postage. Id., ix. 314. October 22, 1795, he issues another circular to the effeet that private letters had been sent in the padres' package, and this must be stopped, for there is a danger of losing the franking privilege. Id., ix. 325-6. See also Id., xi. 194; xii. 19-24; Pulou, Not., i. 532.

19 Putting neophytes in irons and forced labor very frequent in all the missions, and particularly at San Carlos. Fages, 1783, in Prov. Rec., MS., iii. 87. June 11, 1785, Fages writes to Noriega that the natives accuse him of heating them with chains for trifling faults, charges which he has investi- gated and found to be true. Implores him in the name of humanity and of the king to change his course. Id., iii. 51. Lieutenant Zúñiga complained in 1788 that the natives of San Diego were overworked and too severely pun-

401

CONTROVERSY WITH THE FRIARS.

Fages sent a document to the viceroy the 26th of September 1785, in which he made a formal complaint against the priests for their opposition to the law, an opposition which was injurious to the royal service and to the spiritual good of the troops. He enumer- ated five grounds of complaint which I shall notice presently.20 By the government the matter was re- ferred to the college of San Fernando, and a report was made by Guardian Palou, who denied all the allegations and presented counter-charges in behalf of the missionaries.21 The audiencia was puzzled by contradictory evidence. A few recommendations were made on different points, and on January 12, 1787, the expediente was sent to Commandant General Ugarte y Loyola with instructions to make further investigations and pacify the contending parties as best he could.22 General Ugarte wrote on April 22d to President Lasuen, ordering compliance with the suggestions of the audiencia and calling for a full re- port on the disputed points, which was rendered on the 25th of October. 23

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History of California, Volume I, Part 46

Author: Bancroft, Hubert Howe Publication date: 1885 Publisher: San Francisco, Calif. : The History Company, publishers Number of Pages: 852

Author: Bancroft, Hubert Howe
Publication date: 1885
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 852